4. Other Crimes Flashcards Preview

MBE - Criminal Law > 4. Other Crimes > Flashcards

Flashcards in 4. Other Crimes Deck (10):
1

What is the definition of burglary?

Breaking and entering the dwelling of another at night with the intent to commit a felony inside

2

For burglary, what is a breaking?

Creating/enlarging an opening using at least minimal force

3

For burglary, what is a constructive breaking?

Entry gained by threats/fraud

4

What is the definition of arson?

Malicious burning of the dwelling of another

5

For arson, what two things are required of the burning?

1. Burning much be more than a scorch

2. The building itself must burn

6

What is the definition of false imprisonment?

Unlawful confinement of another without their consent

7

What is the definition of kidnapping?

False imprisonment  + moving/concealing the victim in a secret place

8

For possession of contraband, what two things must the defendant know?

1. That he possesses the item

2. What the item is and that it is illegal

9

For possession of contraband, what is constructive possession?

Contraband not in D's actual possession, but close enough for him to exercise dominion and control

10

What is receipt of stolen property?

Receiving possession and control of property you know was obtained illegally with the intent to permanently retain